Yes, injured passengers can file personal injury claims after a car accident. Passengers are rarely at fault for collisions, and they retain the right to seek compensation for their medical bills, lost wages, and other accident-related expenses. Passengers may opt to file a claim against the driver of the vehicle they were in, the driver of the other vehicle, both drivers, or a third party that contributed to the collision. Tennessee is a modified comparative negligence state, but because passengers rarely have any significant responsibility, this is unlikely to affect their claim.

Wondering how to protect yourself as you seek compensation after being injured as someone else’s passenger? Let’s talk about your legal options and how to move forward. Give Banks & Jones, Attorneys at Law, a call to get started.

Why do passengers have strong legal rights after an accident?

Passengers have strong legal rights after an accident because they are just as likely to be injured as a driver, but they are much less likely to have any responsibility for the accident. There are exceptions, of course—a passenger who yanks the wheel away from the driver, puts their hand over the driver’s eyes, or otherwise forces them to drive unsafely is likely to be held liable to some degree. But in most cases, liability is likely to rest with one or both drivers.

Tennessee’s modified comparative fault system often comes up during these discussions because, for drivers, it can bar them from recovering compensation. This type of system bars victims from recovering compensation if they are 50% or more at fault. Since this is a rare occurrence in passengers’ claims, it isn’t often an issue.

Who is financially responsible for a passenger’s injuries?

The party that caused the accident may be responsible for the passenger’s injuries and the costs associated with those injuries. Potentially liable parties include:

  • The driver of the other vehicle: If the driver of the other vehicle caused the crash by ignoring right-of-way rules, speeding, driving while distracted, or otherwise being reckless, they may be required to pay compensation to all injured parties.
  • The driver of the vehicle you were in: This is the outcome that many passengers dread—no one wants to sue a friend or family member for causing an accident and injuring them. However, it’s important to remember that personal injury settlements are rarely paid out from an individual’s own money and assets. Compensation is typically paid by the at-fault party’s insurance company, so the liable individual isn’t left destitute. Their insurance rates may increase, but if they caused an accident and injured others, it’s likely their rates are going to increase regardless.
  • Both drivers: There are many cases where fault is split between the drivers. In these situations, you may be able to recover compensation from both parties. It’s generally split up based on the share of fault.
  • A third party: Negligent manufacturers, municipalities that fail to keep their roads safe, and repair shops that do unsafe work can all be held liable if their mistakes lead to accidents.

What type of insurance coverage applies in Tennessee?

There are multiple forms of insurance that may come into play when a passenger is injured in a car accident in Tennessee. To start, liability coverage is the most common coverage used to settle accident claims. The at-fault driver’s bodily injury liability coverage may pay out through a settlement or after the case goes to court. However, this money only comes at the end of the process, so it may leave victims with medical bills and minimal income in the meantime.

Uninsured motorist coverage is required in Tennessee unless waived in writing, and it can be a huge source of relief for those hit by an uninsured driver. If you have your own uninsured motorist policy or the driver of the vehicle you were in has uninsured motorist coverage, these options may provide you with compensation after a crash.

Your options if the at-fault driver is uninsured

If the at-fault driver does not have insurance, it can be challenging to secure fair compensation. If you or the driver of the car you were in has an uninsured motorist policy, consider that as an option. Otherwise, you may have opted to include Medical Payments Coverage (MedPay) in insurance coverage for your vehicle. If you do, this may provide coverage for your medical expenses regardless of fault.

What if you weren’t wearing a seatbelt?

This is a common question that comes up when people reach out to our car accident lawyers. Even if your injuries may have been less severe if you were wearing a seatbelt, that does not automatically mean you lose the right to seek compensation.

The statute of limitations for a passenger claim

Tennessee has one of the shortest personal injury filing deadlines in the country, so time is of the essence if you want to seek compensation from the at-fault party. You generally have one year from the date of the accident to initiate a lawsuit against the at-fault party. Missing this window could mean you lose your right to sue entirely.

Fight for your rights as a passenger after a car accident—we’re here to help

At Banks & Jones, Attorneys at Law, we advocate fiercely for those who are harmed due to other parties’ negligence. Let’s find out what your next steps should be after an accident where you were harmed as a passenger. Fill out our online contact form or call us today.